Work Injury Cases- Behind the Scenes With the Arbitrator

Ever wonder what someone else really thinks?

Of course, that is what novels and movies lay out for us many times.

Let’s go behind the scenes and see what a Workers’ Compensation Judge (in Illinois they are called Arbitrators) looks at in the typical case.

Arbitrator Daniels is reviewing her first case for the day. It involves a low back injury that happened on October 1, 2016.

The Arbitrator looks at the first doctor visit after the injury. It is dated October 21, 2016. This is not that unusual because it may take some time to get into the doctor’s office.

The Arbitrator reads the doctor note.

It says “low back pain. No known injury. Pain with bending and twisting.”

This bothers the Arbitrator because she believes most people who are injured at work will tell the doctor right away if they are injured at work so the doctor will understand everything he needs to know about the injury and the background involved.

The injured worker had testified before Arbitrator Daniels that he filed an accident report with work several months after the accident. He did this because he did not know what to do. The supervisor testified that every employee is instructed to file an accident report at the time of an accident.

The injured worker testified that he told the doctor he was hurt at work, but the office messed up the records.

The Arbitrator decides to rule against the injured worker because she believes timely filed records are important, and statements made closest in time to the accident are usually the most truthful.

This look into the Arbitrator’s mind shows the importance of filing a timely accident report, and telling the doctor immediately that you were injured on the job.

Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

 

 

What is Open Medical in Workers’ Compensation Cases

In Illinois you can get future medical treatment one of two ways in your Work Comp case.

You may settle the case and have it included in your contract.

This is very rare because the insurance company wants to close out the case and avoid paying for something down the road.

The other way is to have a trial.

If you win your case, this opens the possibility that you may seek medical in the future.

You will have to prove that your need for future medical is related to the original work injury.

You may have to have a second trial to get this future medical treatment approved.

So you must weigh whether it is worth it to fight a second time for the future medical treatment.

Some people want the settlement sooner and the certainty of the amount of money they will receive.

The trial itself takes longer and whatever the Arbitrator awards is what you get.

Just remember open medical is not an automatic pass for whatever treatment you want, whenever you want it.

Questions about your work injury? Feel free to contact Illinois Work Injury Attorney Dirk May at 309-827-4371.

What is a Workers’ Compensation Pretrial?

A work comp pretrial is when attorneys for the insurance company and injured worker meet with the Arbitrator and discuss your case.

The Arbitrator, who is an administrative law judge, has the final word in the value of your case at the trial level.

Both parties have to agree to the pretrial.

The Arbitrator’s decision is non-binding. This means that either side may reject the Arbitrator’s opinion.

Most pretrial’s focus on the value of the case.

In other words the Arbitrator will provide her opinion of how much the injured worker should receive based on the injury, the treatment received, and permanent restrictions, if any.

The advantage of a pretrial is that may help reach settlement quicker than a trial, or break an impasse between the parties.

It provides insight into what the Arbitrator will do at trial.

The disadvantage is that either party can refuse to follow the Arbitrator’s recommendation.

Then you are left with going to trial, but in most cases the parties will follow the Arbitrator’s direction.

The other disadvantage is if the Arbitrator believes the value is below the settlement offer. This means that you should weigh carefully what may happen and if you are willing to risk it.

Questions about settling your work injury case? Please feel free to contact Illinois Work Injury Lawyer Dirk May at 309-827-4371.

 

Medical Marijuana Expansion Set for Illinois

https://chicago.suntimes.com/cannabis/pot-patients-advocates-opioid-expansion-medical-marijuana-reaction/

Click above to read.

This may also impact those on Workers’ Compensation and seeking Social Security Disability.